2020 Statelessness & Citizenship Review 2(1) state. 19 This is evident, for instance, from the fact that the definition of nationality as promulgated by the International Court of Justice in the Nottebohm Case (Liechtenstein v Guatemala) encompasses not only the existence of a legal bond, but that of ‘reciprocal rights and duties’ as well. 20 For the purposes of this contribution, citizenship that is granted on the basis of the existence of a legal bond is referred to as national citizenship. As it is the state that came to hold near exclusive control over citizenship, nationality has turned into a fundamental prerequisite for the acquisition of citizenship and its associated rights. 21 Yet, it is reasonable to contest the assumption that the state holds a monopoly on the bestowal of citizenship. While in practice such monopoly may be the rule rather than the exception, recent developments have demonstrated that citizenship may be granted through a multitude of alternative regional and local frameworks. 22 One such development is the establishment of EU citizenship, which is available to those possessing the nationality of an EU Member State and provides rights that are additional to those deriving from national citizenship: Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship. 23 One may derive from this formulation that it is implicitly acknowledged in the institution of EU citizenship that, albeit currently dependent on the possession of Member State nationality, a conceptual distinction between nationality and citizenship exists. 24 This can be derived primarily from the fact that the terms are used to denote different forms of connection. That is, nationality is considered to refer to the bond between an individual and a (Member) State whereas citizenship describes the belonging of an individual to the European community. Furthermore, it is stated that EU citizenship is ‘additional to’ and shall ‘not replace national citizenship’. 25 In granting rights additional to those deriving from Member State nationality, citizenship of the EU refrains from encroaching upon the range of rights and duties that are traditionally associated with national citizenship. 26 Put otherwise, EU citizenship provides rights that national citizenship is incapable of providing and in that sense extends beyond it. 19 20 21 22 23 24 25 26 Roland Roth, ‘Participatory Governance and Urban Citizenship’ in Hubert Heinelt et al (eds), Participatory Governance in Multi-Level Context: Concepts and Experience (Springer Fachmedien Wiesbladen 2002) 75. Nottebohm (n 10) 23. Nationality may be therefore be considered an ‘enabling right’, allowing those whose right to a nationality has been respected to access a range of other rights, resources and freedoms. See, eg, David Owen, ‘On the Right to Have Nationality Rights: Statelessness, Citizenship and Human Rights’ (2018) 65(3) Netherlands International Law Review 299. Rubenstein and Adler (n 9); Damian Tambini, ‘Post-National Citizenship’ (2001) 24(2) Ethnic and Racial Studies 195; Saskia Sassen, ‘Towards Post-National and Denationalized Citizenship’ in Engin F Isin and Bryan S Turner (eds), The Handbook of Citizenship Studies (SAGE 2002). An example of a framework for citizenship that has recently revived is the city, with urban citizenship encompassing a variety of rights. See, eg, Dirk Gebhardt, ‘Re-Thinking Urban Citizenship for Immigrants from a Policy Perspective: The Case of Barcelona’ (2016) 20(6–7) Citizenship Studies 846). TFEU (n 6), art 20. It is important to emphasise that, in the current formulation, EU citizenship cannot exist independently from Member State nationality in practice. TFEU (n 6), art 20. Kay Hail Bronner, ‘Nationality in Public International Law and European Law’ in Rainer Bauböck et al (eds), Acquisition and Loss of Nationality: Policies and Trends in 15 European Countries (Amsterdam University Press 2006) 35. 28